SUWANNEE RIVER WATER MANAGEMENT DISTRICT MINUTES OF GOVERNING BOARD MEETING AND PUBLIC HEARING Note: A digital recording system has been used to record these proceedings and is on file in the permanent files of the District. A copy of the Governing Board materials and handouts are a part of the record as if set out in full herein, and are filed in the permanent files of the District. 9:00 a.m., Tuesday R. O. Ranch Cooks Hammock, Florida Members of the Governing Board Present: Don Quincey, Jr., Chairman Alphonas Alexander, Vice Chairman Donald Ray Curtis, III, Secretary/Treasurer* Kevin W. Brown George M. Cole, Ph.D. Heath Davis Carl Meece Guy N. Williams *Mr. Curtis departed from the meeting between Agenda Item Numbers 18 and 19. Members of the Governing Board Absent: Jay Fraleigh Governing Board General Counsel Present: George T. Reeves, Davis, Schnitker, Reeves & Browning, P.A. Staff: David Still Charlie Houder Jon Dinges Linda Welch Megan Wetherington Terry Demott Pennie Flickinger David Jenness Melanie Roberts Joe Flanagan Steve Minnis Vanessa Fultz Bob Heeke Carlos Herd Jon Wood 7
Page 2 Participating Guests: Roland Garcia, FL Fish and Wildlife Conservation Commission, Lake City Jeff Swan, FL Fish and Wildlife Conservation Commission, Live Oak Georgia Ackerman, Friends of the Wacissa, Crawfordville Laura Donaldson, Manson Law Group, Tampa Barney and Renate Cannon, Chiefland Travis Hart, Office of Senator Charlie Dean, Live Oak Mickie Salter, Office of Representative Leonard Bembry, Madison Kevin Morgan, Florida Farm Bureau, Gainesville Andrew Walmsley, Florida Farm Bureau, Gainesville Commissioner Mark Hatch, Dixie Board of County Commissioners, Cross City Commissioner Jason Holifield, Dixie Board of County Commissioners, Cross City Commissioner Gene Higginbotham, Dixie Board of County Commissioners, Old Town Commissioner Ronnie Edmonds, Dixie Board of County Commissioners, Cross City Sheriff Dewey Hatcher, Sr., Dixie County Sheriff s Office, Cross City Robbie Lee, Dixie County Property Appraiser, Cross City Frankie VanAernam, Dixie County Manager s Office, Cross City Commissioner Gail Garrard, Lafayette Board of County Commissioners, Mayo Merrillee Malwitz-Jipson, Our Santa Fe River, Fort White Verlyn Jipson, Fort White Louis Shiver, R. O. Ranch, Inc., Cooks Hammock Annette Land, R. O. Ranch, Inc., Cooks Hammock Sammy Poore, Cross City Arnold Dees, Old Town Barbara Hines, Florida Public Archaeology Network, Tallahassee Janet Politano Nix, Callahan Bobbie Tomlinson, Friends of Suwannee Springs Gina Politano, Jacksonville George Townsend, Live Oak Wiley Grantham, Live Oak The meeting was called to order at 9:00 a.m. The roll was called and a quorum noted. Agenda Item No. 3 - Additions, Deletions, or Changes to the Agenda. 8
Page 3 Water Supply and Resource Management Deletion: Agenda Item 14 - Denial of Environmental Resource Permit Application Number 07-0288M, Josephine Recreational Project, Columbia County and Authorization to Initiate Legal Action to Reach Resolution Regarding Lake City Management, LLC, CE10-0026 Agenda Item No. 4 Approval of Agenda. ON A MOTION BY MR. CURTIS, SECONDED BY MR. DAVIS, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD APPROVED THE AUGUST 9, 2011, AGENDA. Agenda Item No. 5 Consent Agenda. Page 5 - Approval of July 12, 2011 Meeting and Workshop Minutes. Agenda Item 9 - Approval of June Financial Report Agenda Item No. 6 Approval of Recommended Consent Items. ON A MOTION BY MR. DAVIS, SECONDED BY MR. ALEXANDER, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD APPROVED THE CONSENT AGENDA ITEMS. Agenda Item No. 7 Approval of Minutes. Approved on consent. Agenda Item No. 8 - Items of General Interest for Information/Cooperating Agencies and Organizations. A. Chairman Introductions B. Jason Holifield, Dixie County Board of County Commissioners, addressed the Governing Board and spoke in favor of Agenda Item 24 Agreement with Florida Fish and Wildlife Conservation Commission for Hunting on District Lands in Gilchrist and Dixie Counties. C. Megan Wetherington gave a presentation of hydrologic conditions of the District. Agenda Item No. 9 Governing Board Legal Counsel Contract. Mr. Reeves presented the Governing Board legal counsel contract. 9
Page 4 ON A MOTION BY MR. CURTIS, SECONDED BY MR. DAVIS, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD APPROVED AND EXECUTED THE GOVERNING BOARD LEGAL COUNSEL CONTRACT BETWEEN THE SUWANNEE RIVER WATER MANAGEMENT DISTRICT AND DAVIS, SCHNITKER, REEVES & BROWNING, P.A. Agenda Item No. 10 Approval and Execution of Resolution 2011-20, Providing Protocol to be Followed by Staff in Assigning Legal Work of the District to Either the Governing Board s Attorneys or the Attorneys Employed by the Executive Director. Mr. Reeves presented Resolution 2011-20, providing protocol to be followed by staff in assigning legal work of the District to either the Governing Board s attorneys or the attorneys employed by the Executive Director. ON A MOTION BY MR. CURTIS, SECONDED BY MR. DAVIS, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD APPROVED AND EXECUTED RESOLUTION 2011-20 PROVIDING PROTOCOL TO BE FOLLOWED BY STAFF IN ASSIGNING LEGAL WORK OF THE DISTRICT TO EITHER THE GOVERNING BOARD S ATTORNEYS OR THE ATTORNEYS EMPLOYED BY THE EXECUTIVE DIRECTOR. DEPARTMENT OF MISSION SUPPORT Agenda Item No. 11 Approval of June Financial Report. Approved on consent. Agenda Item No. 12 Declaration of Surplus Property and Disposition. Melanie Roberts, Department Director, presented the staff recommendation for the Governing Board to declare a list of property items as surplus and authorize staff to dispose of those property items in the most cost-effective means as determined by the District and authorized by Chapter 274, Florida Statutes, as shown in the Board materials. ON A MOTION BY MR. DAVIS, SECONDED BY MR. ALEXANDER, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD DECLARED A LIST OF PROPERTY ITEMS AS SURPLUS AND AUTHORIZED STAFF TO DISPOSE OF THOSE PROPERTY ITEMS IN THE MOST COST-EFFECTIVE MEANS AS DETERMINED BY THE DISTRICT AND AUTHORIZED BY CHAPTER 274, FLORIDA STATUTES. 10
Page 5 Agenda Item No. 13 - Activity Report, Mission Support. The Activity Report for the Department of Mission Support was provided as an informational item in the Board materials. DEPARTMENT OF WATER SUPPLY AND RESOURCE MANAGEMENT Agenda Item No. 14 Denial of Environmental Resource Permit Application Number 07-0288M, Josephine Recreational Project, Columbia County, and Authorization to Initiate Legal Action to Reach Resolution Regarding Lake City Management, LLC, CE10-0026. DELETED. Agenda Item 15 Approval of Water Use Permit Application Number 2-83- 00122M4, North Florida Holsteins, L.C., Gilchrist County. Jon Dinges, Department Director, presented the staff recommendation for Governing Board approval of a modification to Water Use Permit number 2-83-00122M4, with seventeen standard conditions and six special limiting conditions to North Florida Holsteins, L.C., in Gilchrist County, as shown in the Board materials. ON A MOTION BY MR. DAVIS, SECONDED BY MR. MEECE, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD APPROVED A MODIFICATION TO WATER USE PERMIT NUMBER 2-83-00122M4 WITH SEVENTEEN STANDARD CONDITIONS AND SIX SPECIAL LIMITING CONDITIONS TO NORTH FLORIDA HOLSTEINS, L.C., IN GILCHRIST COUNTY. Agenda Item No. 16 Notice of Rule Development for 40B-2.301, F.A.C. Mr. Dinges presented the staff recommendation for Governing Board authorization to publish a Notice of Rule Development for section 40B-2.301, F.A.C., as shown in the Board materials. ON A MOTION BY MR. MEECE, SECONDED BY MR. DAVIS, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD AUTHORIZED PUBLICATION OF A NOTICE OF RULE DEVELOPMENT FOR SECTION 40B-2.301, F.A.C. Agenda Item No. 17 Authorization to Enter into an Interagency Agreement with St. Johns River Water Management District for the Designation of Regulatory Responsibility for Consumptive Use Permitting of Clay County Utility Authority s Water Supply System. Mr. Dinges presented the staff recommendation for Governing Board authorization for the Executive Director to enter into an interagency agreement with St. Johns River Water Management District (SJRWMD) for the designation of regulatory responsibility for consumptive use permitting of 11
Page 6 Clay County Utility Authority s water supply system, as shown in the Board materials. ON A MOTION BY MR. DAVIS, SECONDED BY MR. CURTIS, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD AUTHORIZED THE EXECUTIVE DIRECTOR TO ENTER INTO AN INTERAGENCY AGREEMENT WITH SJRWMD FOR DESIGNATION OF REGULATORY RESPONSIBILITY FOR CONSUMPTIVE USE PERMITTING OF CLAY COUNTY UTILITY AUTHORITY S WATER SUPPLY SYSTEM. Agenda Item No. 18 Interagency Agreement for Coordination of Consumptive Use Permitting and Regional Water Supply Planning. Mr. Dinges presented the staff recommendation for Governing Board authorization for the Executive Director to enter into an Interagency Agreement with SJRWMD and the Florida Department of Environmental Protection (FDEP) formalizing the coordination of water supply assessment, regional water supply planning, and consumptive use permitting within the geographic areas of mutual concern, as shown in the Board materials. This item was continued until later in the meeting and was subsequently continued until the August 29, 2011 intermediate Governing Board meeting. Agenda Item No. 19 - Activity Reports. The Water Supply, Water Resource Monitoring, Environmental Resource Permitting, Suwannee River Partnership, and Compliance and Enforcement Activity Reports were provided as informational items in the Board materials. DEPARTMENT OF LAND ACQUISITION AND MANAGEMENT Agenda Item No. 24 Agreement with Florida Fish and Wildlife Conservation Commission for Hunting on District Lands in Gilchrist and Dixie Counties. Mr. Flanagan presented the staff recommendation for Governing Board authorization for the Executive Director to execute an agreement with the Florida Fish and Wildlife Conservation Commission (FWC) to add tracts to the Log Landing Wildlife Management Area (WMA), Steinhatchee Springs WMA, and Santa Fe Swamp Wildlife and Environmental Area (WEA), as shown in the Board materials. This agenda item was presented out of order. Mr. Roland Garcia, Florida Fish & Wildlife Conservation Commission, gave a presentation to the Governing Board regarding this issue. Commissioner Jason Holifield, Dixie County Board of County Commissioners, spoke again in favor of this item. 12
Page 7 ON A MOTION BY MR. MEECE, SECONDED BY MR. ALEXANDER, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD AUTHORIZED THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT WITH THE FWC TO ADD TRACTS TO THE LOG LANDING WMA, STEINHATCHEE SPRINGS WMA, AND SANTA FE SWAMP WEA. RECOGNITION BY CHAIRMAN: Mr. Quincey recognized Mickie Salter from Representative Leonard Bembry s office and Travis Hart from Senator Charlie Dean s office. Mr. Quincey recognized Janet Politano Nix and Barbara Hines, who represented Friends of Suwannee Springs. Ms. Politano Nix and Ms. Hines addressed the Governing Board to request support for restoration of Suwannee Springs. Agenda Item No. 20 Lease Agreement with the Town of Greenville for the Greenville Well Field Property. Joe Flanagan, Department Director, presented the staff recommendation for Governing Board authorization for the Executive Director to execute a lease agreement with the Town of Greenville for management and construction of public supply wells and related infrastructure, as shown in the Board materials ON A MOTION MADE BY MR. DAVIS, SECONDED BY MR. ALEXANDER, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD AUTHORIZED THE EXECUTIVE DIRECTOR TO EXECUTE A LEASE AGREEMENT WITH THE TOWN OF GREENVILLE FOR MANAGEMENT AND CONSTRUCTION OF PUBLIC SUPPLY WELLS AND RELATED INFRASTRUCTURE. Agenda Item No. 21 Extension of Land Use Agreement with Suwannee County for the Falmouth Waste Collection Center. Mr. Flanagan presented the staff recommendation for Governing Board authorization for the Executive Director to execute a second extension to the term of agreement with Suwannee County for the Falmouth Waste Collection Center for an additional five years, as shown in the Board materials. ON A MOTION BY MR. DAVIS, SECONDED BY MR. ALEXANDER, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD AUTHORIZED THE EXECUTIVE DIRECTOR TO EXECUTE A SECOND EXTENSION TO THE TERM OF AGREEMENT WITH SUWANNEE COUNTY FOR THE FALMOUTH WASTE COLLECTION CENTER FOR AN ADDITIONAL FIVE YEARS. 13
Page 8 Agenda Item No. 22 Contract with B & B Dugger, Inc, for Prescribed Fire Management Services for Fiscal Year 2012. Mr. Flanagan presented the staff recommendation for Governing Board authorization for the Executive Director to execute a contract with B & B Dugger, Inc., for prescribed fire management services in Fiscal Year 2012 for an amount not to exceed $170,000, as shown in the Board materials Mr. Alexander stated a possible conflict of interest and abstained from voting on Agenda Item 22 recommendation for Governing Board authorization for the Executive Director to execute a contract with B & B Dugger, Inc., for prescribed fire management services in Fiscal Year 2012 for an amount not to exceed $170,000. Mr. Curtis and Mr. Alexander submitted Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers forms; those forms are hereby made a part of these minutes and filed in the permanent files of the District. Mr. Curtis was absent from this vote. ON A MOTION BY MR. DAVIS, SECONDED BY MR. MEECE, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD AUTHORIZED THE EXECUTIVE DIRECTOR TO EXECUTE A CONTRACT WITH B & B DUGGER, INC., FOR PRESCRIBED FIRE MANAGEMENT SERVICES IN FISCAL YEAR 2012 FOR AN AMOUNT NOT TO EXCEED $170,000. Agenda Item No. 23 Contract with Wildlands Fire Service, Inc., for Prescribed Fire Management Services for Fiscal Year 2012. Mr. Flanagan presented the staff recommendation for the Governing Board authorization for the Executive Director to execute an agreement with Wildlands Fire Service, Inc., for an amount not to exceed $390,000 for prescribed fire management services in Fiscal Year 2012, as shown in the Board materials. Mr. Alexander stated a possible conflict of interest and abstained from voting on Agenda Item 23 recommendation for Governing Board authorization for the Executive Director to execute a contract with Wildlands Fire Service, Inc., for an amount not to exceed $390,000 for prescribed fire management services in Fiscal Year 2012. Mr. Curtis and Mr. Alexander submitted Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers forms; those forms are hereby made a part of these minutes and filed in the permanent files of the District. Mr. Curtis was absent from this vote. 14
Page 9 ON A MOTION BY MR. DAVIS, SECONDED BY MR. MEECE, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD AUTHORIZED THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT WITH WILDLANDS FIRE SERVICE, INC., FOR AN AMOUNT NOT TO EXCEED $390,000 FOR PRESCRIBED FIRE MANAGEMENT SERVICES IN FISCAL YEAR 2012. Agenda Item No. 25 Resolution 2011-19 Requesting Reimbursement of Preacquisition Costs and Land Management Expenses for the Quarter Ending June 30, 2011. Mr. Flanagan presented the staff recommendation for Governing Board approval and execution of Resolution 2011-19, requesting the FDEP reimburse the District from the Water Management Lands Trust Fund (WMLTF) for Preacquisition costs in the amount of $145,941.70 and quarterly land management expenses in the amount of $602,050.74 expended during the quarter ending June 30, 2011, as shown in the Board materials. ON A MOTION BY MR. DAVIS, SECONDED BY MR. ALEXANDER, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD APPROVED AND EXECUTED RESOLUTION 2011-19, REQUESTING THE FDEP REIMBURSE THE DISTRICT FROM THE WMLTF FOR PREACQUISITION COSTS IN THE AMOUNT OF $145,941.70 AND QUARTERLY LAND MANAGEMENT EXPENSES IN THE AMOUNT OF $602,050.74 EXPENDED DURING THE QUARTER ENDING JUNE 30, 2011. Agenda Item No. 26 - Activity Reports. The Land Acquisition and Land Management Activity Reports were provided as informational items in the Board materials. GOVERNING BOARD LEGAL COUNSEL Agenda Item No. 27 Governing Board Counsel Monthly Report None. EXECUTIVE OFFICE Agenda Item No. 28 - Executive Director's Report. None. Agenda Item No. 29 - Executive Office Activity Report. The Executive Office Activity Report was provided as an informational item in the Board materials. 15
Page 10 Agenda Item No. 30 Legal Services Report. The Legal Services Report was provided as an informational item in the Board materials. The meeting adjourned at 11:48 a.m. ATTEST: Chairman 16
SUWANNEE RIVER WATER MANAGEMENT DISTRICT MINUTES OF INTERMEDIATE GOVERNING BOARD MEETING Note: A digital recording system has been used to record these proceedings and is on file in the permanent files of the District. A copy of the Governing Board materials and handouts are a part of the record as if set out in full herein, and are filed in the permanent files of the District. 1:00 p.m., Monday District Headquarters August 29, 2011 Live Oak, Florida Members of the Governing Board Present: Don Quincey, Jr., Chairman Members of the Governing Board Present by Telephone: Ray Curtis, Secretary/Treasurer George M. Cole, Ph.D. Heath Davis Kevin W. Brown Carl Meece Guy Williams Members of the Governing Board Absent: Al Alexander, Vice Chairman Governing Board General Counsel Present by Telephone: George T. Reeves, Davis, Schnitker, Reeves & Browning, P.A. Members of Staff Present: David Still Steve Minnis Joe Flanagan Linda Welch Charlie Houder Melanie Roberts Jon Dinges Roll was called, the meeting was called to order and a quorum was noted at 1:09 p.m. Agenda Item No. 4 Interagency Agreement for Coordination of Consumptive Use Permitting and Regional Water Supply Planning. Jon Dinges, Department Director, presented the staff recommendation for Governing Board authorization for the Executive Director to execute the interagency agreement with St. Johns River Water Management District (SJRWMD) and the Florida Department of Environmental 17
Minutes of Intermediate Governing Board Meeting August 29, 2011 Page 2 Protection (FDEP) formalizing the coordination of water supply assessment, regional water supply planning, and consumptive use permitting within the geographic areas of mutual concern, as shown in the Board materials. The Governing Board indicated that if non-substantive changes to the agreement were requested by either side, the Governing Board prefers that the Executive Director carry out such changes without requesting additional authorization from the Governing Board. ON A MOTION BY MR. DAVIS, SECONDED BY MR. BROWN, AND CARRIED UNANIMOUSLY, THE GOVERNING BOARD AUTHORIZED THE EXECUTIVE DIRECTOR TO EXECUTE THE INTERAGENCY AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FORMALIZING THE COORDINATION OF WATER SUPPLY ASSESSMENT, REGIONAL WATER SUPPLY PLANNING, AND CONSUMPTIVE USE PERMITTING WITHIN THE GEOGRAPHIC AREAS OF MUTUAL CONCERN. The meeting adjourned at 1:31 p.m. ATTEST: Chairman 18